Summary: We will not investigate this complaint about obstructive parking in front of the complainant’s gate. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Ms X, complains the Council will not help after she reported that people park in front of her gate blocking access. She wants the Council to stop people blocking her gate.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the complaint correspondence. I also looked at streetview and images of Ms X’s gate and the road, and I considered our Assessment Code.

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My assessment

4. Ms X says people park in front of her house, blocking her gate and forcing people to walk in the road. Ms X says people blame her for the parked cars. Ms X asked the Council to help.
5. In response the Council explained it cannot take any action because there are no parking restrictions it can enforce and obstructive parking is dealt with by the police. It signposted Ms X to the police and told her how she could apply to have restrictions added to her road.
6. I will not start an investigation because there is insufficient evidence of fault by the Council. There are no parking restrictions in Ms X’s road (for example, yellow lines) so there is no action the Council can take and, outside London, parking on the pavement is not prohibited. Pavement parking may, however, cause an obstruction and the Council correctly told Ms X this is a matter for the police.
7. I appreciate the parking causes problems for Ms X but there is nothing to suggest fault by the Council so we cannot help.

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Final decision

8. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman